Help in filing private criminal complaint

Sir,

The advisable procedure would be to write official letters to the Managing Committee of your CHS:      [1] First demand the certified copy of the circular for the AGM, and also a copy of the receipt of the circular by the members of your CHS; [2] Demand a certified copy of the minutes of the AGM as also the names of the members who have attended the AGM, and xerox copies of their attendance signatures, [3] Approach every individual member with the copies of their signatures for their concurrence of its authenticity; [4] Demand copies of the correspondences and agreement between your CHS and the mobile company, with transaction details.

Since you claim that your forged signature also appears in the AGM attendance, inform them of the fact.

After receiving all the certified copies make a written complaint, stating all the details, to the Registrar of CHS of your area. If you do not get response from the Registrar you can always go to further authorities. Usually the Registrar attends complaints.

The local police may or may not entertain your complaint citing it as civil matter.

Good Luck,

Kishor Mehta

Dear Mr. Mehta,

Al of such procedure has been already followed. The act is criminal and falls under the jurisdiction of police and hence dy. registrar has limitation in taking action.

I am looking to file a private criminal complaint against such criminal act.

I would like to file a case in court on my own without engaging any lawyer hence need guidance on the process and procedure.

regards,

Aadesh

Sir,

You may approach the nearest police station and submit a written complaint under relevant criminal procedure code, detailing the entire matter, and request them to lodge an F.I.R.

In case if the police authorities refuse to lodge an F.I.R., you have an alternative to approach the Hon. Court and institute a complaint under Cr.P.C.  

Good Luck

Kishor Mehta

Dear Mr. Mehta,

Write a simple complaint to the concerned police station with entire set of facts and stating all the sections u have already stated here.

submit it - if they don't take it sent it via courier, with a copy to the Commissioner. then if no action is initiated file a complaint before the Court. Take assistance of an advocate for filing before the Hon'ble Court as if you miss important facts u may loose.

rest if you still wish to file the compliant yourself there are ample of drafts/formats on net, use them.

Thanks.

well the private complaint has to be filed under section 200 read with 156(3)

"Complaint under S. 200 r/w s. 156(3) of the Criminal Procedure Code"

Before Chief Judicial Magistrate

put all the facts with proper prayer

Best luck

I dont think that removal of the mobile tower will be through criminal law, you have remedy in civil law alone.  Other things namely , forging your signature can be pursued through criminal law.  However, the  fabricated or fake resolution, permission to install the mobile tower will involve local laws for which the remedies before the registrar, CHS as well as with the Municipal authorities (for illegal erection) to be exhausted, despite this, if you still insist to go to criminal court alone, you are more intelligent than everyone here, please proceed.

To Shri T. Kalaiselvan

Dear Sir,

I think you have mixed different aspects in one and hence your advise has bitterness! Someone who is posting questions on this forum considers the forum members to be mentor and seeks guidance and hence such comments from your side is not only unwanted but also shows high level of attitude and arrogance!

There are different scenarios:

1. Removal of illegal tower - The jurisdiction is Municipal corporation and if they don't act a civil case under BMC and MRTP Act. The complaint has already been submitted to the BMC and is being followed up with RTI. IF they don;t act, a civil suit will be filed.

2. Forgery, Cheating, Making false documents and using as genuine, Criminal breach of trust, fraud- This is where I am looking to file a criminal case against the society managing committee for their criminal act which falls under section u/s 405,406,417,420,465,467,468,470,47,120-B read with 34 of IPC. Registrar has taken the note of this irregularity, however he also has advised private case as such an act falls in the jurisdiction of police dept. Furthermore a separate case in Cooperative court will be filed mentioning these irregularities apart from various violation of MCS Act and society bye-laws in the operation of society operations.

A case in Consumer court is also initiated against the managing committee for deficiency in services.

However the Co-operative court and consumer court are additional remedy and is not substitute for this criminal act of fabricating resolution, forging signatures and cheating members of society! The remedy is available under IPC and hence a criminal case!

I understand various aspect of law and was looking for the process and procedure as I have not filed cases on my own. I was looking for guidance on the procedure to file such case.